The Mack Attack

Thought-provoking clap-trap for the skeptic-minded

Saturday, February 25, 2006

How Well Do You Know the First Amendment?

The First Amendment rights of students in a public-school setting:

1) Is it constitutional to teach about religion in a public school?
2) Can students share their religious faith in public schools?
3) Is it constitutional for a public school to require a neutral "moment of silence"?
4) Can schools enforce speech codes on school grounds?
5) Can a school punish a student for wearing long hair or dying it an unusual color?
6) Must a public school student salute the flag during a recitation of the Pledge of Allegiance?
7) Is profanity a form of expression protected by the First Amendment?
8) When does student speech constitute "harassment"?
9) Can a school punish a student for wearing clothing with the Confederate flag?
10) Can students form religious or political clubs in secondary public schools?

ANSWERS:

1) Yes.
2) Yes, as long as the activity is not disruptive and does not infringe upon the rights of others.
3) Yes, one that does not encourage prayer over any other quiet, contemplative activity, although students can use it to pray.
4) Within limits, public schools have discretion in implementing speech codes, especially involving harassment. Problems arise when codes extend beyond their goal and restrict areas of protected First Amendment speech.
5) It depends. Courts are divided; students' rights in this regard largely depend on where they live.
6) No, although nearly three dozen states require schools to include recitation of the pledge during the school day.
7) It can be, depending upon the circumstances and context. There is no general exception for profanity under the First Amendment unless the profanity qualifies as "fighting words," which by their nature incite an immediate breach of the peace.
8) There is no clear legal line. Generally, when a student or students repeatedly intimidate or threaten another student, the behavior rises to the level of harassment. Harassment can also be written, oral or physical acts that harm a student, damage property, interfere with the student's education or disrupt the operation of a school. School officials must restrict certain kinds of harassing language and actions they know about, or they can be held civilly liable.
9) It depends. School officials would need to reasonably forecast that the attire would lead to substantial disruption.
10) Yes, as long as other extracurricular, non-curriculum-related groups are allowed by the school. However, teachers and other school employees cannot participate in student religious clubs.
Adapted from http://www.firstamendmentschools.org/ .

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